REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT VOI PROBATE AND ADMINISTRATION CAUSE NO. 46 OF 2016 IN THE MATTER OF THE ESTATE OF ERNEST MNJALA (DECEASED) RULING 1. On the 12th June 2026 this Court directed that a Notice to Show Cause Why the Cause should not be dismissed for want of prosecution. 2. The notice was duly served on both Counsel for the parties and they were required to file a Replying Affidavit in response to explain why the parties had failed to prosecute their case and both parties together with their Counsels were absent and no affidavits have been filed as required. 3. The parties were required to attend Court on 22 nd July 2026 to Show Cause Why the Succession Cause should not be dismissed. None of them were in attendance on 22nd July 2026 when the case was called out. 4. This Court notes that that has been the trend from 21 st September 2022. No progressive steps have been taken since RULING P&A 46 OF 2016 1
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then when the parties and beneficiaries were directed to be in attendance. 5. No explanation has been given for the dormancy of approximately four (4) years. 6. It is this Court’s considered view that the parties have not demonstrated any interest in prosecuting this cause to its logical conclusion. 7. For those reasons the Succession Cause is hereby dismissed for want of prosecution. Orders accordingly. Dated, signed and delivered via Teams this 22 nd day of July 2026 in open court at Voi High Court. A. MSHILA JUDGE In the presence of:Court Assistant: Millicent/Trizah N/A by parties RULING P&A 46 OF 2016 2
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